Animal Attacks – How to Determine Who’s at Fault

Pets tend to be docile most of the time. If raised in the right environment, dogs and cats grow up to be peaceful companions for adults and children. Some of them even become family members. They stay with us for a long time, experience what we experience and grow old with us. That’s why as members of the household, owners are responsible for their actions.

Nonetheless, there are individuals who don’t bother to train their pets and let them run around without guidance. These often result in animal attacks. If the dog hasn’t received a rabies shot, it becomes even worse. Corsiglia McMahon & Allard, L.L.P., a legal firm in San Jose, discusses the factors that determine who’s liable for an animal attack.

1. What If the Victim is on the Owner’s Property?

If the victim is on the owner’s property with their permission and got bitten, it is the owner’s fault. Unless the animal got provoked by an injury, it’s the owner’s responsibility to restrain the pet.

2. What If the Attack Occurred in Public Land?

There are cases that when the attack happened on public land, the state or local government is accountable. If it happened on a national park, then you’ve got grounds to ask for compensation.

3. What If the Attack was From a Wild Animal?

Wild animals are inherently dangerous. Once an owner decided to keep one, the individual is subject to strict liability for injuries they might cause.

4. What If a Trespasser Was Bitten?

If someone’s entered your property without your leave or with intent to steal, you are not answerable for the attack. There is no Duty of Care permitted for trespassers.

5. What If the Attack Was From a Dangerous Insect, But in My Property?

In most cases, the property owner will not be held accountable for the attack. If the insect is not indigenous to the area, the owner didn’t know that this insect is in the property or the owner hasn’t seen the insect inside or outside their home, the owner is not liable.

All of what’s stated here are based in California and might not apply to other states. If you’ve been attacked by an animal, get in touch with a lawyer to know if you can take the matter to court.